| Citation(s) |
|---|
| 1994 SLG 1099 1994 SLD 1099 1994 KLR 35 |
Balochistan High Court
R.F.A. Nos. 45 46 & 49 of 1989, 30th October, 1991
AMIRUL MULK MENGAL, J
R.F.A. Nos. 45 46 & 49 of 1989, 30th October, 1991
AMIRUL MULK MENGAL, J
Gopi Chand And OtherVSPehlaj Rai And Other
Law:
Section:
Keywords: Evacuee Property, Consent, Competent Court Of Law, Maintainability, Rent Controller, Disposed Of, Survey, Assignee, Misrepresentation, Fraud, Partition, Possession, Determination, Ejectment, Alienation, Fictitious, Relief, Continental Shelf, Succession, Owner Of The Property, Minerals, Cause Of Action, Necessity, Rebuttal, Petition, Estate, Ejectment Orders, Claims, Maintain, Rent, Copy, Superintendence, Assign, Miscellaneous Application, Certificate, Parties, Receipt, Plea, Cross-Examination, Manager, Burden Of Proof, Federal Government, Registered, Set Aside, Civil Court, Period, Within The Territorial Waters, Merits Of The Case, Care, Mortgage, Provisions, Lands, Privy Council, Court Of Law, Management, Bona Fide, False Statement, Register, Returns, Ownership, Vitiate, Leave, Binding, Money, Province, Landlord, Presumption, Additional Evidence, High Court, Dispute, Evidence, Order, Representative, Office, Territorial Waters, Execution, Issuance, Properties, Constitutional Petition, Premises, Costs, Hindu Law, Board Of Revenue, Injunction, Examination, Payment, Restrictions, Orders, Trial Court, Government, Legal Infirmity, Property, Discharge, Presentation, Expenses, Disposal, Constitution, Maintenance, Rent Proceedings, Grounds, Tenant, Change, Immovable Property, Proceedings, Consideration, Power Of Attorney JUDGMENT AMIRUL MULK MENGAL, J. By this judgment 1 propose to dispose, of R.F.A.No.45 of 19S9, R.F.A. No.46 of 1989 and R.F.A. No. 49 of 1989; since the facts am1 law points are identical in all the aforesaid appeals. 2. Brief survey of the facts would reveal that two hindus namely Teju Mai and Vehra Mai had joint family at Sibi and owned joint property consisting of a house and shops. Teju Mai died issueless, leaving behind his widow Mst. Mai Bhoji. However, Vera Mai migrated to India during partition, therefore, his properly was declared as evacuee property. Through a partition the share of Teju Mai in the joint property was defined and specified by the Custodian whereby house bearing Municipal No.4-2/91-1, 2, 3, 4, 5 and shops Nos.4-2/47, 4-2/48 situated at Masjid Road Sibi fell to his share. These premises are in possession of appellants…
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